Unmarked Human Burial and Human Skeletal Remains Protection
Act. North Carolina, General Statutes Chapter 70, Article 3
This statute applies to all lands within the state of North Carolina except for that under federal ownership or control.
The purpose of the statute is to provide adequate protection from vandalism for unmarked human burials and human skeletal remains, to provide adequate protection for unmarked human burials and human skeletal remains not within the jurisdiction of the medical examiner that are encountered during archaeological excavation, construction, or other ground disturbing activities, and to provide for adequate skeletal analysis of remains removed or excavated from unmarked human burials if the analysis would result in valuable
scientific information.
Major provisions of the law are as follows:
1. Legal protection of all unmarked human burials and human skeletal remains is provided.
2. Specific procedures to be followed when unmarked human burials and human skeletal remains are discovered are outlined.
3. Scientific excavation of unmarked human burials and human skeletal remains by professional archaeologists is allowed.
4. Provision are made for scientific analysis of excavated remains and minimum qualifications for persons conducting scientific analysis are outlined.
5. The Executive Director, North Carolina Commission of Indian Affairs, in consultation with the Eastern Band of Cherokee and other tribal groups, is given decision-making authority with regard to ultimate disposition of Native American remains recovered (after completion of scientific analysis).
6. A mechanism for locating and identifying possible interested or affected parties besides the Native American community is outlined.
Prohibitions and penalties under the law are as follows:
1. No person, unless acting under the provisions of G.S. 130-198 through G.S. 130-201, shall:
- knowingly acquire any human skeletal remains removed from unmarked human burials in North Carolina after October 1, 1981, except in accordance with the provisions of this article;
- knowingly exhibit or sell any human skeletal remains acquired from unmarked burials in North Carolina; and
- knowingly retain human skeletal remains acquired from unmarked burials in North Carolina after October 1, 1981, for scientific analysis beyond a period of time provided for such analysis, except from those skeletal remains curated under provisions of this article.
2. Failure to report the discovery of unmarked human burials or human skeletal remains is a misdemeanor.
3. Violation of the provisions of G.S. 70-37(a) (number 1 above) is a Class H felony.
Other state laws which involve identification and protection of graves and cemeteries include: Cemeteries (Chapter 65); and Criminal Law (Subsections 14-148 and 14-149 - "Defacing or desecrating grave sites," and "Desecrating, plowing over or covering up graves").
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